Legal Question in Elder Law in Georgia

durable P.O.A.

I presently have durable P.O.A. of a patient in the late stages of dementis who is considered incompetent, a family member wants to handle the finances at this time. Since the person in question is not competent to sign as to revoke P.O.A., what other avenues are ther for this family member to have me revocated

Thanks


Asked on 3/12/03, 12:29 pm

1 Answer from Attorneys
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: durable P.O.A.

Is there an alternate named in the POA? If you resign, then that is the end of the POA as far as you are concerned and the alternate takes over. Some POAs give you the power to name your own successor. There may be other succession provisions in the POA. If you resign, and there is no alternate or other succession provisions, the person wanting to handle the relative's affairs should see an attorney and apply to be appointed guardian of the person and property of the ill person. In fact, the POA may nominate someone for guardian, in which event the court would probably appoint that person if willing to serve. Of course, one cannot intelligently comment on what should be done without reading the POA.

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Answered on 3/12/03, 1:28 pm


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